Colo. Rev. Stat. » Title 21
Colorado Revised Statutes

Colo. Rev. Stat. § 21-1-103 (2024)

Representation of indigent persons

✓ C.R.S. 2024: the 2025 and 2026 sessions are not included
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(1) The state public defender shall represent as counsel, without charge except as provided in subsection (3) of this section, each indigent person who is under arrest for or charged with committing a felony if:

(a) The defendant requests it and he complies with subsection (3) of this section; or

(b) The court, on its own motion or otherwise, so orders and the defendant does not affirmatively reject, of record, the opportunity to be represented by legal counsel in the proceeding. When appointed by the court, the office of the state public defender shall be limited to defending the indigent person and shall not be appointed to act as advisory counsel. The court shall not appoint a public defender to represent a defendant if such defendant does not fall within the fiscal standards or guidelines established by the supreme court for appointment of public defenders.

(2) The state public defender shall represent indigent persons charged in any court with crimes that constitute misdemeanors and in which the charged offense includes a possible sentence of incarceration; juveniles upon whom a delinquency petition is filed or who are in any way restrained by court order, process, or otherwise; persons held in any institution against their will by process or otherwise for the treatment of any disease or disorder or confined for the protection of the public; and persons charged with municipal code violations as the state public defender in his or her discretion may determine, subject to review by the court if:

(a) The indigent person or the indigent person's parent or legal guardian in delinquency or other actions pursuant to article 2.5 of title 19 requests it and complies with subsection (3) of this section; or

(b) The court, on its own motion or otherwise, so orders or requests and the defendant or the defendant's parent or legal guardian in delinquency or other actions pursuant to article 2.5 of title 19 does not affirmatively reject, of record, the opportunity to be represented by legal counsel in the proceeding. The court shall not appoint a public defender to represent the defendant, or the defendant's parent or legal guardian, if the person does not fall within the fiscal standards or guidelines established by the supreme court.

(3) The state public defender shall make the determination of indigency, subject to review by the court. When a defendant or, if applicable, the defendant's parent or legal guardian requests representation by a public defender, such person shall submit an appropriate application, the form of which states that the application is signed under oath and under the penalty of perjury and that a false statement may be prosecuted as such. The applicant shall pay a nonrefundable processing fee of twenty-five dollars if the court-appointed counsel enters an appearance based upon the application; except that a person under the jurisdiction of the juvenile court, as defined in section 19-1-103, or the person's parent, guardian, or legal custodian is not required to pay the processing fee. The fee is assessed at the time of sentencing, if sentencing occurs, or upon other final disposition of the case; except that the court may, at sentencing or other final disposition, waive the fee if the court determines, based upon the financial information submitted by the party being represented by the court-appointed counsel, that the person does not have the financial resources to pay the fee. Before the court appoints a public defender based on said application, the court shall advise the defendant or, if applicable, the defendant's parent or legal guardian that the application is signed under oath and under the penalty of perjury. A copy of the application must be sent to the prosecuting attorney for review, and, upon request, the court shall hold a hearing on the issue of the eligibility for appointment of the public defender's office. Processing fees collected pursuant to this subsection (3) are transmitted to the state treasurer, who shall credit the same to the general fund.

(4) Nothing is this section shall be construed to authorize the public defender to represent or advise any person who is physically outside the state of Colorado and who has not made a court appearance in the pending matter in the state of Colorado.

(5) Nothing in this section may be construed to prevent the public defender, before determining indigency, from providing representation to juveniles in detention hearings.

Source: L. 69: R&RE, p. 255, § 30. C.R.S. 1963: § 39-21-3. L. 81: (2) amended, p. 929, § 3, effective September 1. L. 81: (4) added, p. 924, § 2, effective May 26. L. 88: (1)(a), (1)(b), (2)(a), (2)(b), and (3) amended, p. 665, § 6, effective July 1. L. 90: IP(1) and (3) amended, p. 1038, § 1, effective July 1. L. 92: (2)(a) and (2)(b) amended, p. 2176, § 31, effective June 2; (3) amended, p. 466, § 3, effective July 1. L. 2000: (1)(b), IP(2), and (2)(b) amended, p. 1480, § 5, effective August 2. L. 2004: (3) amended, p. 725, § 1, effective August 4. L. 2013: IP(2) amended, (HB 13-1210), ch. 306, p. 1624, § 4, effective January 1, 2014. L. 2014: (5) added, (HB 14-1032), ch. 247, p. 954, § 6, effective November 1. L. 2021: (2) amended, (SB 21-059), ch. 136, p. 738, § 93, effective October 1; (3) amended, (HB 21-1315), ch. 461, p. 3107, § 4, effective July 6.

Cross references: (1) For appointment of counsel for indigent persons in insanity or incompetency proceedings, see § 16-8-119.

(2) For the legislative declaration in HB 21-1315, see section 1 of chapter 461, Session Laws of Colorado 2021.

Notes of Decisions
Cited in 43 cases (7 in the last 5 years), 1975–2025 · leading case: Silva v. People, 156 P.3d 1164 (Colo. 2007).
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Silva v. People, 156 P.3d 1164 (Colo. 2007). · cites it 18× “Specifically, the Duran court relied on section 21-1-103, C.R.S (1986 Repl.Vol. 8B) and section 21-1-104(1)(b), C.”
Pineda-Liberato v. People, 2017 CO 95, 403 P.3d 160. · cites it 12× “” ¶60 Finally, section 21-1-103, C.R.S. (2017), provides for the representation of indigent persons by the state public defender.”
People v. Steinbeck, 186 P.3d 54 (Colo. Ct. App. 2007). · cites it 8× “As pertinent here, section 21-1-103 provides: (1) The state public defender shall represent as counsel, without charge except as provided in subsection (8) of this section, each indigent person who is under arrest for or charged with committing a felony if; (a) The defendant…”
Ronquillo v. People, 2017 CO 99, 404 P.3d 264. · cites it 2× “See § 21-1-103, C.R.S. (2017) (explaining whom public defender shall represent); § 21-2-103, C;R,S.”
People v. Cardenas, 62 P.3d 621 (Colo. 2002). · cites it 12× “Pursuant to section 21-1-103(3), 6 C.R.S. (2002), the public defender's office, upon application from a defendant, is required to make a determination that the defendant is indigent before he may obtain the services of that office.”
People v. Schupper, 2014 COA 80M, 353 P.3d 880. · cites it 3× “Pursuant to statute, section 21-1-103(8), C.R.S.2018, the district attorney received a copy of defendant's affidavit.”
In re People v. Shank, 2018 CO 51, 420 P.3d 240. · cites it 9× “¶ 8 The statutory framework governing public defenders is principally contained in sections 21-1-103 and - 104, C.R.S. (2017).”
Scott v. Illinois, 440 U.S. 367 (1979). · cites it 2× “Code § 27-3203 (1978) (any violation of a state law or local ordinance which may result in incarceraton); Missouri: Mo.”
People v. Silva, 131 P.3d 1082 (Colo. Ct. App. 2006). · cites it 15× “2d at 378 , concluded that a limited statutory right to counsel in postconviction proceedings is "tenuously premised" on §§ 21-1-103 and 21-1-104, C.R.S.2004. Accord People v.”
People v. Schupper, 140 P.3d 293 (Colo. Ct. App. 2006). · cites it 7× “Section 21-1-103(3), C.R.S.2005, provides that a defendant shall submit an appropriate application for representation by a public defender and that “the form of [the application] shall state that such application is signed under oath and under the penalty of perjury and that a…”
Mountain States Legal Found. v. Pub. Utils. Comm'n, 590 P.2d 495 (Colo. 1979). · cites it 6× “Medical and remedial care is provided at state expense for "individuals whose income and resources are insufficient to meet the costs" of such care.”
King v. People, 728 P.2d 1264 (Colo. 1986). · cites it 4× “§ 21-1-103(1) and (2), 8B C.R.S. (1986). The determination of indigency is to be made by the state public defender subject to review by the court.”
Show all 43 citing cases →
Colo. Rev. Stat. § 21-1-103(1): 10 cases
People v. Silva, 131 P.3d 1082 (Colo. Ct. App. 2006). “2d at 378 , concluded that a limited statutory right to counsel in postconviction proceedings is "tenuously premised" on §§ 21-1-103 and 21-1-104, C.R.S.2004. Accord People v.”
People v. Valdez, 178 P.3d 1269 (Colo. Ct. App. 2007).
People v. Duran, 757 P.2d 1096 (Colo. Ct. App. 1988).
King v. People, 728 P.2d 1264 (Colo. 1986). “§ 21-1-103(1) and (2), 8B C.R.S. (1986). The determination of indigency is to be made by the state public defender subject to review by the court.”
People v. Hickey, 914 P.2d 377 (Colo. Ct. App. 1995).
Colo. Rev. Stat. § 21-1-103(1)(a): 2 cases
People v. Alengi, 114 P.3d 11 (Colo. Ct. App. 2005).
People v. Alengi, 114 P.3d 883 (Colo. Ct. App. 2005).
Colo. Rev. Stat. § 21-1-103(1)(b): 3 cases
People v. Alengi, 114 P.3d 883 (Colo. Ct. App. 2005).
People v. Silva, 131 P.3d 1082 (Colo. Ct. App. 2006). “2d at 378 , concluded that a limited statutory right to counsel in postconviction proceedings is "tenuously premised" on §§ 21-1-103 and 21-1-104, C.R.S.2004. Accord People v.”
In re People v. Nicholas Greer, 502 P.3d 1012 (Colo. 2022).
Colo. Rev. Stat. § 21-1-103(2): 4 cases
In re People v. Shank, 2018 CO 51, 420 P.3d 240. “¶ 8 The statutory framework governing public defenders is principally contained in sections 21-1-103 and - 104, C.R.S. (2017).”
Vela v. Dist. Court in & for the Cnty. of Arapahoe, 664 P.2d 243 (Colo. 1983).
Garcia v. Carmel, 873 P.2d 1317 (Colo. 1994).
Groves v. Dist. Court In & For the Seventeenth Jud. Dist., 806 P.2d 947 (Colo. 1991).
Colo. Rev. Stat. § 21-1-103(3): 16 cases
Pineda-Liberato v. People, 2017 CO 95, 403 P.3d 160. “” ¶60 Finally, section 21-1-103, C.R.S. (2017), provides for the representation of indigent persons by the state public defender.”
Silva v. People, 156 P.3d 1164 (Colo. 2007). “Specifically, the Duran court relied on section 21-1-103, C.R.S (1986 Repl.Vol. 8B) and section 21-1-104(1)(b), C.”
People v. Cardenas, 62 P.3d 621 (Colo. 2002). “Pursuant to section 21-1-103(3), 6 C.R.S. (2002), the public defender's office, upon application from a defendant, is required to make a determination that the defendant is indigent before he may obtain the services of that office.”
People v. Steinbeck, 186 P.3d 54 (Colo. Ct. App. 2007). “As pertinent here, section 21-1-103 provides: (1) The state public defender shall represent as counsel, without charge except as provided in subsection (8) of this section, each indigent person who is under arrest for or charged with committing a felony if; (a) The defendant…”
People v. Schupper, 140 P.3d 293 (Colo. Ct. App. 2006). “Section 21-1-103(3), C.R.S.2005, provides that a defendant shall submit an appropriate application for representation by a public defender and that “the form of [the application] shall state that such application is signed under oath and under the penalty of perjury and that a…”
Colo. Rev. Stat. § 21-1-103(8): 1 case
People v. Schupper, 2014 COA 80M, 353 P.3d 880. “Pursuant to statute, section 21-1-103(8), C.R.S.2018, the district attorney received a copy of defendant's affidavit.”
Colo. Rev. Stat. § 21-1-103(l)(a): 1 case
People v. Alengi, 114 P.3d 11 (Colo. Ct. App. 2005).
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